Limited Warranty. 11.1. Without prejudice to 12 below, Visma warrants that the Services will perform substantially as described, provided they are properly licensed and set up. The Customer and Visma agree that the Services and delivery thereof will not be completely free of errors and that improving the Services is a continuous process. The Customer acknowledges that the Services are delivered “as is” and used at the Customer’s own risk.
11.2. Visma does not warrant that the Services will meet the Customer’s requirements, operate correctly with the Customer’s choice of equipment, systems or settings, be uninterrupted, nor free of errors. Further, use of the internet to access and use the Services has not been established nor is it maintained by Visma, and Visma has no control over the internet. Visma is not liable for the discontinuance or disruption of operation of any portion of the internet, nor possible regulation of the internet. Visma shall make all commercially reasonable efforts deemed appropriate to remedy and avoid such events, however Visma shall not guarantee that interruption will not occur. Visma shall not be liable for the performance or non- performance of Internet services or providers.
11.3. If the Services do not function in accordance with the limited warranty specified in the TOS, Visma - as a sole obligation and Customer's sole remedy - shall correct the verified errors or defects in the Services at its own expense. Visma may choose to replace the Services or functionality instead of performing a correction. If Visma does not correct the verified errors or defects or replace the Services within a reasonable period of time, the Customer may terminate subscription to the applicable Service. In such a case, the Customer has the right to a pro- rated refund for any Subscription fees for the remaining subscription period for the affected Services starting from the month following verification by Visma of the errors or defects. Apart from this, the Customer shall not be entitled to make any claims against Visma.
11.4. The Service and any third party software is provided on an “as is” basis and neither Visma nor any of its licensors offer any warranty, express or implied, except as expressly set forth herein, including without limitation warranties of title, non-infringement, merchantability, fitness for a particular purpose or system integration capability. No claims other than those specifically contained in the TOS have been made with respect to the Servi...
Limited Warranty. With regard to perpetual Software licenses issued under this Agreement, Section 2 of the Agreement does not apply. Instead, the following limited warranty shall apply: Qlik warrants that the initial version of the Software delivered hereunder (but excluding any updates thereto provided as a result of Support) provides the functionalities set forth in the Documentation (the “agreed upon functionalities”) for the limited warranty period following the Delivery Date when used on the recommended hardware configuration. As used in this Section, “limited warranty period” means one (1) year. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. To make a warranty claim, Customer must notify Qlik in writing during the limited warranty period. If the functionalities of the Software vary substantially from the agreed upon functionalities, Qlik shall be entitled, by way of re- performance and at its own discretion, to repair or replace the Software. If this fails, Customer is entitled to cancel the purchase agreement (rescission).
Limited Warranty. Seller warrants for a period of one year following original shipment by Seller (or for Type 28 Gas Seals 12 months from installation or 24 months following original shipment by Seller, whichever occurs first) that its products are free from defects in material or workmanship furnished by Seller. Seller will repair or at its option replace free of charge any product found by it within such warranty period to be defective in breach of said warranty upon return thereof transportation prepaid to the location specified by Seller. No returns will be accepted without prior written authorization by Seller. The foregoing is seller’s sole warranty and buyer’s exclusive remedy and is in lieu of all other warranties, representations or guarantees, express or implied which are hereby excluded, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, in no event shall seller be liable for loss of use or profits or for any special, indirect, consequential, punitive or other damages of any kind, or for defects in design or engineering whether performed by it or by others, or for any amounts in excess of seller's net price of the product in question whether such amounts are claimed to result from breach of contract or warranty, negligence, strict liability or otherwise. Nothing in these terms and conditions shall operate to exclude or restrict seller’s liability (if any): for death and personal injury or own willful default.
Limited Warranty. The following is added to the end of Section 15.1:
Limited Warranty. Seller warrants for a period of one year following original shipment by Seller (or for Type 28 Gas Seals 12 months from installation or 24 months following original shipment by Seller, whichever occurs first) that its products are free from defects in material or workmanship furnished by Seller. Seller will repair or at its option replace free of charge any product found by it within such warranty period to be defective in breach of said warranty upon return thereof transportation prepaid to the location specified by Seller. No returns will be accepted without prior written authorization by Seller. The Foregoing is Seller’s sole warranty and Xxxxx’x exclusive remedy and IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED WHICH ARE HEREBY EXCLUDED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE OR PROFITS OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, DAMAGES, OR FOR DEFECTS IN DESIGN OR ENGINEERING WHETHER PERFORMED BY IT OR BY OTHERS, OR FOR ANY AMOUNTS IN EXCESS OF SELLER'S NET PRICE OF THE PRODUCT IN QUESTION WHETHER SUCH AMOUNTS ARE CLAIMED TO RESULT FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEPT IN THE EVENT OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
9. Productie- en prestatieprognoses. Productie- en prestatienormen die door de Koper verstrekt worden kunnen van meerdere, variabele factoren afhankelijk zijn en dientengevolge zijn de resultaten of prognoses niet gegarandeerd.
Limited Warranty. Seller warrants good and free title in the Product and that the Product will conform to Seller’s published specifications, if any exist, or to such other quality standards and/or measurements the parties have attached to this document or subsequently have agreed upon in writing. Seller has based any recommendations to Buyer for the use of the Product upon information that Seller considers reliable, but Seller makes no warranty as to any results Buyer might obtain in Buyer’s use(s) for the Product. These warranties extend only to Buyer. Seller makes no representation or warranty of any kind with respect to Product, express or implied, respecting merchantability or fitness for any particular purpose. Seller makes no other warranties extending beyond the description of the Product, whether used alone or in combination with any other substance or in any process.
Limited Warranty. Snap-on warrants, for a period of sixty (60) days from the date of delivery to you as evidenced by a copy of your sales receipt, that the Software will perform substantially in accordance with the accompanying technical specifications in the documentation, under normal use. THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY), ALL OF WHICH ARE DISCLAIMED BELOW. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY THAT IS PROVIDED TO YOU AND IS NOT TRANSFERABLE OR ASSIGNABLE.
Limited Warranty. The following is deleted from the first paragraph of Section 15.1: